Detroit Michigan Trademark Attorney: Trademark Protection Available Only for Goods or Services Legal Under Federal Law

Trademark protection at the Federal level (which is to say, nationwide) is available via registration of the trademark or service mark with the US Patent and Trademark Office (USPTO).

When an application for trademark registration is filed with the USPTO, the application is reviewed for approval based on various criteria, one of which is the question of whether the good or service with which the proposed trademark is associated may legally be sold over state lines.

This requirement is rooted in the fundamental fact that Federal trademark registration is only available for a mark used in association with a good or service that is being sold in interstate commerce.

Detroit Michigan Trademark Attorney: Marijuana & Cannabis Legality Under Michigan or Other State Law Not Relevant

Despite the fact that the legal use of marijuana products in Michigan, Colorado, and other states has shifted dramatically over the past few years, marijuana remains a Schedule I substance that is illegal under the Federal Controlled Substances Act (CSA).

What does this mean?

It means that the cannabis product itself is not one for which a trademark may be registered.

However, that does not mean that enterprises legally engaged in such manufacturing, distribution, or sale under Michigan or other state law is totally without options.

Detroit Trademark Attorneys: What Can Be Registered as a Trademark?

First, it is important to bear in mind that a trademark is registered in relation to a specific product or service being marketed for sale in interstate commerce.

That is, it must be a name, word, phrase, logo, or symbol that uniquely identifies YOUR product or service.

It cannot be confusingly similar to any other mark registered to identify somebody else's product or service, if those products or services are similar.

Michigan Trademark Attorneys - The Supplemental Register is a "subsidiary" Federal trademark registry available to trademarks that lack the distinctiveness required for the Principal Register. It conveys a variety of benefits. The Hilla Law Firm, PLLC - (734) 743-1489

Michigan Trademark Attorney - A declaration of incontestability is a statement a trademark owner can file once it has been registered on the Principal Register for 5 years. The Hilla Law Firm, PLLC - (734) 743-1489

Detroit Trademark Attorneys - A charitable organization or non-profit can register its name, logo design, or advertising slogan just as any other individual or business can, so long as it meets the other criteria for registrability - Hilla Law (734) 743-1489

Detroit Trademark Registration - There is no such thing as a so-called worldwide trademark registration process, however, the International Madrid Protocol allows the registration of a trademark in signatory countries if registered domestically in one of them. Hilla Law Firm - (734) 743-1489

Detroit Trademark Attorneys - A craft beer name, logo, or brand can be registered as a trademark so long as it is unique enough to specifically identify the source of the product once it is sold in interstate commerce - Hilla Law (734) 743-1489

Livonia Bankruptcy Attorney - Creditors can execute money judgments in Michigan in a number of ways, but Chapter 7 or Chapter 13 bankruptcy will stop all of them. Contact The Hilla Law Firm at (734) 743-1489 to stop garnishment or property seizure.

Detroit Trademark Attorneys - Trademark protection in the US is granted to marks that are in use in commerce. Thus, a single-use or single-work mark such as a film or book title cannot be registered--unless it is made into a continuing series of works. Hilla Law Firm - (734) 743-1489

Detroit Trademark Attorneys - Unless a specific color scheme in your logo is crucial to your brand identity, it should not be included in your first trademark registration application - The Hilla Law Firm, PLLC - (734) 743-1489

The Hilla Law Firm did an excellent job handling the trademark registration for my online business. In my case, the process turned out to be complicated as another business registered for a similar name. The Hilla Law Firm expertly handled the situation and my trademark was approved!
Kelly

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